Story Highlights

The appeal alleges the decision to try her and her sons together denied her a fair trial.

She asks for the conviction to be overturned or to be granted a new trial.

During the Craig Rideout murder trial, lawyers for his two sons pointed the finger at their mother, Laura, as the coldblooded killer who ensnared them in her diabolical plot.

But in recently filed court documents, Laura points the finger back at her sons, arguing that the evidence shows the 2016 killing was an act of “impetuous violence” by sons who thought they were helping their siblings escape an abusive father.

And while she acknowledges she was guilty of tampering with evidence in her futile attempt to clean up the murder scene, she insists that she did not participate in the killing either directly or as an accessory.

These are among the reasons why Laura Rideout is asking an appeals court to overturn her conviction and set her free or grant her a new trial. The Rochester Democrat and Chronicle obtained a copy of the appeal and more than 550 pages of supporting documents from the state Supreme Court’s Appellate Division. It was filed in early May.

Laura Rideout(Photo: Provided)

Investigators said that Craig Rideout was killed in the basement of his Penfield townhouse, the result of a bloody and violent confrontation. His beaten and disfigured body was found wrapped in a tarp along a rural roadside in Yates County in the early morning hours of July 20, 2016.

Four people were charged with committing the murder and the botched attempt to cover it up: Laura Rideout, her sons Colin and Alex, and her boyfriend Paul Tucci. All four were tried together in a 2017 trial that lasted almost four weeks and included more than 700 pieces of evidence.

Laura and Colin Rideout were convicted of murder and tampering charges and received life sentences. Alex was convicted of two counts of tampering with evidence. Tucci was acquitted of all charges. Laura Rideout was also found guilty of burglary after she was found in her dead husband's townhouse hours after his body was discovered.

Proof of murder?

In court papers filed as part of the appeal, Laura Rideout says she went to her estranged husband’s townhouse around 10 a.m. the morning his body was found, having no idea that he had been killed. She was simply responding to a call from two younger children who lived there and woke to find their father missing.

“Upon arrival I had occasion to view the bloody scene in the basement and became concerned that one of my children may have been responsible for this scene,” Laura Rideout wrote in a pre-sentencing statement included with her appeal. “I was caught in a dilemma of either calling the police, and thereby possibly implicating one of my children, or protecting my children. Right or wrong, I chose to protect my children, and began to clean the basement by scrubbing the numerous surfaces that had blood on them.”

It was during this effort to clean up the scene that the victim’s blood was transferred to her jeans, she said.

That blood evidence tied her to the murder scene, she acknowledges, but not the murder itself.

“I was not present when he was killed, nor when his body was transferred to Penn Yan,” she said.

Matthew Parrinello points the finger at Laura Rideout as he tells the judge that Colin Rideout was the protector in his family and often took care of his siblings growing up. TINA MACINTYRE-YEE, @tyee23/staff photographer

Colin Rideout shows his attorney, Matthew Parrinello, a letter he was considering reading in court when the judge asked him if he had anything to say. After a few seconds talking he declined to speak. TINA MACINTYRE-YEE, @tyee23/staff photographer

Colin Rideout listens as his aunt, Robbyn Drew who is his father’s sister, reads her letter about how the murder of her brother, Craig Rideout, has impacted her life. TINA MACINTYRE-YEE, @tyee23/staff photographer

Robbyn Drew, Craig Rideout’s sister, starts to cry as she talks about the pain his murder has caused her and her family during her nephews and her estranged sister-in-law’s sentencing. TINA MACINTYRE-YEE, @tyee23/staff photographer

Laura Rideout is handcuffed and lead to jail after the judge spoke to her and her attorneys, including Michael DiPrima, about the verdict and sentencing date. TINA MACINTYRE-YEE, @tyee23/staff photographer

Laura Rideout, bottom center in white sweater, walks with her lawyers, Michael DiPrima, left, and David Pilato, bottom, past a crowd of onlookers and media as they head into court for the verdict in the Craig Rideout murder trial Tuesday, July 25, 2017. Laura Rideout was found guilty of all charges. SHAWN DOWD/@sdowdphoto/, STAFF PHOTOGRAPHER

Laura Rideout and her attorney, Michael DiPrima, both look down after the jury found her guilty of all charges including second-degree murder of her estranged husband, Craig Rideout. TINA MACINTYRE-YEE, @tyee23/staff photographer

Ness Rideout, Craig Rideout’s mother, and her daughter, Robbyn Drew, wait with Monroe County Sheriff Patrick O’Flynn for the doors to open to hear the verdict. TINA MACINTYRE-YEE, @tyee23/staff photographer

Tim Prosperi, 2nd assistant district attorney, takes files back into the courtroom on the second day of jury deliberations in the Craig Rideout murder trial. JAMIE GERMANO, @jgermano1/Staff Photographer

Second Assistant District Attorney Timothy Prosperi holds up a bottle of acid as evidence during the prosecution's closing arguments in the Rideout murder case Tuesday. SHAWN DOWD/@sdowdphoto/, STAFF PHOTOGRAPHER

David Pilato, one of the defense attorneys for Laura Rideout, goes through evidence with the jury pointing out questions about how the evidence was handled. TINA MACINTYRE-YEE/ @tyee23/staff photographer

Michael Schiano pointed to the prosecution table throughout closing. He told the jury there is no evidence linking his client, Paul Tucci, to Craig Rideout’s home. TINA MACINTYRE-YEE, @tyee23/staff photographer

Julie Cianca, attorney for Alexander Rideout, holds up a pair of sweatpants that were introduced as evidence in the slaying of Craig Rideout, during her closing statements to the jury. JAMIE GERMANO, @jgermano1/Staff Photographer

Colin Rideout (center) listens to closing statements by his attorney Matthew Parrinello with his brother Alexander (front) and mother Laura, also on trial, look on. The three along with Laura's boyfriend Paul Tucci are charged in the murder of Craig Rideout. JAMIE GERMANO, @jgermano1/Staff Photographer

State Supreme Court Justice Thomas Moran meets with attorneys before closing statements of the Rideout murder trial. Four people are on trial for the murder of Craig Rideout. JAMIE GERMANO, @jgermano1/Staff Photographer

Matthew Parrinello, attorney for Colin Rideout, during his closing statements in the Rideout murder trial. Laura, Colin and Alexander Rideout along with Paul Tucci are accused of murder in the death of Craig Rideout. JAMIE GERMANO, @jgermano1/Staff Photographer

Julie Cianca, attorney for Alexander Rideout, during her closing statements in the Rideout murder trial. Laura, Colin and Alexander Rideout along with Paul Tucci are accused of murder in the death of Craig Rideout. JAMIE GERMANO, @jgermano1/Staff Photographer

Matthew Parrinello, attorney for Colin Rideout, during his closing statements in the Rideout murder trial. Laura, Colin and Alexander Rideout along with Paul Tucci are accused of murder in the death of Craig Rideout. JAMIE GERMANO, @jgermano1/Staff Photographer

Paul Tucci waits in court before the closing statements in the Rideout murder trial. Laura, Colin and Alexander Rideout along with Tucci are accused of murder in the death of Craig Rideout. JAMIE GERMANO, @jgermano1/Staff Photographer

Alexander Rideout listening to closing statements in his murder trial. Alexander, his brother Colin, mother Laura and Paul Tucci are on trial for the murder of his father Carig Rideout. JAMIE GERMANO, @jgermano1/Staff Photographer

Laura Rideout leaves court after the first day of closing statements. She and her sons, Alex and Colin along with her boyfriend Paul Tucci are on trial for the murder of her ex-husband Craig Rideout. JAMIE GERMANO, @jgermano1/Staff Photographer

A July 18 receipt from a Lowe’s in Macedon, with the purchase of some cleaning materials and a Snickers. There was no testimony Thursday about the signature. Laura Rideout’s maiden name is Asam. Provided

Colin Rideout listens to investigators testimony abut their conversation with him during a pre-trial hearing to suppress statements made by some of the accused people who killed Craig Rideout. TINA MACINTYRE-YEE/@tyee23/staff photographer

Laura Rideout, and her boyfriend, Paul Tucci, during the during motions in the Craig Rideout murder trial on March 20, 2017. Laura and Craig were in the midst of a divorce when Craig was killed. MAX SCHULTE/@maxrocphoto/, STAFF PHOTOGRAPHER

Julie Cianca appearing for Alexander Rideout during motions in the Craig Rideout murder trial. Cianca argued for a hearing on any statements Alexander gave in a police car while he was in custody. MAX SCHULTE/@maxrocphoto/, STAFF PHOTOGRAPHER

Laura Rideout, and her boyfriend, Paul Tucci, during motions in the Craig Rideout murder trial. The four defendants face murder charges as well as tampering with evidence charges. Laura Rideout is accused of burglarizing the Penfield home of Craig Rideout. MAX SCHULTE/@maxrocphoto/, STAFF PHOTOGRAPHER

Assistant District Attorney James Egan says Google has not responded to a search warrant for the email account of Laura Rideout. Egan asked state Supreme Court Justice Thomas Moran to send a court order to Google during motions in the Craig Rideout murder trial. MAX SCHULTE/@maxrocphoto/, STAFF PHOTOGRAPHER

Laura Rideout, and her boyfriend, Paul Tucci, listen to Matthew Parrinello , attorney for Colin Rideout detail the discovery he has received from prosecutors. MAX SCHULTE/@maxrocphoto/, STAFF PHOTOGRAPHER

New York State Supreme Court Justice Thomas Moran told attorneys he's blocked off four weeks for the Craig Rideout murder trial but he may separate the trials. MAX SCHULTE/@maxrocphoto/, STAFF PHOTOGRAPHER

Colin Rideout allegedly told Monroe County sheriff's investigators that his mother asked him to clean up blood at his father's Penfield home and also asked him to toss out items that authorities say were proof connected to the murder of his father, Craig Rideout. MAX SCHULTE/@maxrocphoto/, STAFF PHOTOGRAPHER

Colin Rideout allegedly told investigators that "he was at Mendon Ponds at the direction of his mother, for the purpose of throwing out garbage bags containing items taken from his father's home," court papers allege. MAX SCHULTE/@maxrocphoto/, STAFF PHOTOGRAPHER

During a July 21 search of Rideout's home at New Wickham Drive in Penfield, investigators "found garbage bags containing bloody clothing, cleaning products, and a homemade garrote in the basement," according to the court records, first made public Monday. MAX SCHULTE/@maxrocphoto/, STAFF PHOTOGRAPHER

Court papers detailed that Craig Rideout died by asphyxiation; there was a "ligature furrow completely encircling neck" and a fracture of the hyoid bone. He also suffered a fracture of his cheekbone and multiple cuts on his forehead and cheek. MAX SCHULTE/@maxrocphoto/, STAFF PHOTOGRAPHER

Justice Moran reserved decision on the request for severance of trial of Laura Rideout by her attorney David Pilato. Laura Rideout wants to be tried separately from her sons. MAX SCHULTE/@maxrocphoto/, STAFF PHOTOGRAPHER

Michael Schiano, representing Paul Tucci, told the court that he would rely on papers field with the court. Tucci is also seeking to have a separate trial from the other three defendants. MAX SCHULTE/@maxrocphoto/, STAFF PHOTOGRAPHER

THE PHOTO: Leaving the Monroe County Jail, Colin Rideout (L-R facing) his brother Alexander, Paul Tucci and Laura Rideout after being arraigned for the murder of Craig Rideout. Craig Rideout is the ex-husband of Laura and the father of the boys. Tucci is the boyfriend of Laura. FROM JAMIE: This is a good example of the not-so-glamorous part of the job, waiting outside the Monroe County Jail for the release of defendants in a murder case. What made this photo work for me is that all four defendants faces were visible with only their attorneys faces being obstructed. Jamie Germano/@jgermano1/Staff P

Laura Rideout leaves Monroe County Court with her attorney walking past one of her sons, Colin. The Monroe County District Attorney's Office asked the court to restrict their travel and was granted the request with the court revisiting it in 30 days. The family has to seek court approval if they travel outside of Monroe, Wayne and Ontario counties. TINA MACINTYRE-YEE, @tyee23/staff photographer

Laura Rideout heads into Monroe County Court. The Monroe County District Attorney's Office requested travel restrictions for her and her two sons, Colin and Alexander. The family is restricted to Monroe, Wayne and Ontario Counties and must seek court approval if they travel outside those areas. TINA MACINTYRE-YEE/ @tyee23/staff photographer

Paul Tucci is taken into custody following his appearance in Penfield Town Court in connection with the Craig Rideout case, Tuesday, Sept. 6, 2016. Tucci was charged with tampering with evidence. SHAWN DOWD/@sdowdphoto/, STAFF PHOTOGRAPHER

The basement of Craig Rideout's Penfield townhouse where investigators said bloody clothes were found in plastic bags and blood was found on storage bins and a wood shelf. Pictured on the floor is a Diet Coke prosecutors say may have belonged to Laura Rideout. Court papers

Laura Rideout leaves Monroe County Jail on Friday, July 22, 2016. Rideout was arrested in connection with the discovery of Craig Rideout of Penfield in Yates County. SHAWN DOWD/@sdowdphoto/STAFF PHOTOGRAPHER

The appeal also takes aim at prosecutors’ efforts to identify her motive for the killing and evidence that she was involved in its planning.

During closing arguments, Assistant District Attorney Timothy Prosperi told jurors that a contentious divorce and a dispute over child custody drove Laura Rideout to kill her estranged husband, so she could take them with her when she and Tucci relocated to North Carolina.

But the appeal said no evidence of such animosity was presented at trial, and Laura Rideout said she was already determined to make the move without those children.

“While I always wanted to have custody of all my children, I firmly believed that in time, Craig would tire of caring for the youngest children, and would then permit custody to transfer to me,” she said.

'Impetuous violence' and 'slapdash' cover-up

Prosecutors also pointed to a pair of surveillance videos taken from area Walmart stores in the hours before the murder. They showed Laura Rideout with other co-defendants purchasing items that were later found at crime scenes. These included a tarp and bungee cords that were used to wrap the victim's body; and bottles of drain cleaner, which were used to disfigure the victim’s face and hands.

Prosperi told jurors that the videos were clear evidence that the defendants had worked together to plan the attack on Craig Rideout.

"If you are preplanning the cleanup of a murder, you have the intent for (committing) the murder," Prosperi argued.

In the appeal, Laura Rideout’s attorney disputes that notion, insisting that the items were consistent with preparations for the move to North Carolina.

“The fact that the items ended up being used to try to disfigure Craig’s body and wrap it up for an unsuccessful burial in the woods of Yates County does not prove that they were purchased by Laura in anticipation of murder.”

If, as prosecutors suggest, the details of the murder were plotted in advance, the appeal argues the scheme was not well thought out.

“For this to work Laura had to get away with the murder. Her plan? Purchase items openly on camera at Walmart — easily identifiable, trackable items that would be used to cover up the murder. Then kill her husband in his own house, creating a bloody mess. Convince her sons to cover up the crime. Have one of them buy a shovel — a spade — that can’t dig a hole,” the appeal said. “This is not the plan of a reasonably intelligent adult. This is more indicative of impetuous violence by sons who thought they were helping their siblings escape an abusive father, followed by a slapdash attempt to cover up their crime.”

Severance issue

Central to Laura Rideout’s appeal is an argument that the trial judge erred by denying her repeated requests for a separate trial. The issue was raised in pretrial motions, during jury selection, and again at trial.

Her attorneys contended that her defense would conflict irreconcilably with those of her sons, but each of those requests for severance were denied.

According to the appeal, it became clear that the lawyers for Colin and Alex were laying the groundwork for their defense — namely, that Laura, not their clients, killed Craig.

“Her sons’ lawyers had impermissibly become additional prosecutors,” the appeal argues. It details various points throughout the trial where those attorneys literally and figuratively pointed their fingers at her as a premeditated killer who forced her sons to participate in the cover-up and take the rap for her.

“The extreme and unrelenting prejudice to Laura was an abuse of discretion that denied her a fair trial,” the appeal argues.

Grounds for appeal

The basement of Craig Rideout's Penfield townhouse where investigators said bloody clothes were found in plastic bags and blood was found on storage bins and a wood shelf. Pictured on the floor is a Diet Coke prosecutors say may have belonged to Laura Rideout.(Photo: Court papers)

The appeal, which fills 60 pages, raises two more arguments.

First, it says that prosecutors failed to prove that Laura committed burglary by entering Craig Rideout’s townhouse. Prosecutors argued that a custody order required curbside drop-offs of the children for visitation, thus her presence inside the townhouse was unlawful.

Laura’s appeal contends that the order provided an exception for exigent circumstances. A phone call from her 12-year-old son that he was alone with his 6-year-old sisters was enough to justify her entry into the premises.

Second, the appeal argues that the trial judge’s imposition of the maximum count on each conviction was excessive. Laura was convicted of second-degree murder, burglary, and tampering with evidence. Taken together, she will have to serve 37 years, 10 months and eight days before she is eligible for parole. She will be 88 years old if she survives that long.

The appeal cites a study by the U.S. Sentencing Commission on outcomes for aging offenders and asked that her sentence be reduced to 15 years to life.

“Laura — a college educated woman with no criminal history whatsoever — checks all the boxes that predict a low probability of recidivism, especially if she is not released until she is in her 60s,” the appeal asserts. “There will be no danger to the community if Laura is released on parole supervision after serving at least 15 years in prison.”

Prosecutors will have an opportunity to respond to the arguments set forth in the appeal, and a court date to hear the matter has not been set.